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Put the Sewing Kit Away: Puerto Rican Statehood Desired, But Not Likely

Election Law Society · April 4, 2013 ·

by David Noll, Associate Editor

The people of Puerto Rico have, for the first time ever, voted in favor of statehood in the United States. While all 50 states have citizen petitions to secede from the Union, Puerto Rico has chosen to enter our Union. Puerto Ricans voted against statehood twice in the Clinton administration, a time when a booming U.S. economy would have made statehood very beneficial. The vote for statehood now, in a weak U.S. economy, signals two big changes in Puerto Rico and the U.S.

The general expectation would be that Puerto Rico would want to keep its commonwealth status in weak economic times. In strong economic times Puerto Rico benefits from massive U.S. tourism and the easier it is for people to travel there, the better for tourism. In an economic slowdown, the lower tax rate that can be sustained in a protectorate (especially for the gambling industry) is more important to keep vacations to Puerto Rico cheap. But this would suggest Puerto Ricans should have voted against statehood in the November elections. [Read more…] about Put the Sewing Kit Away: Puerto Rican Statehood Desired, But Not Likely

What’s in a date? Moving school board elections in New Jersey

Election Law Society · October 30, 2012 ·

by David Noll, Staff Writer

The way that seemingly innocuous procedural matters can shape the outcomes of elections is quite frightening. This year, New Jersey’s school board elections will showcase this phenomenon. Towns in New Jersey are now allowed to move their elections from mid-April to November 6th. Most districts have made the change in order to capitalize on a lower cost to hosting the elections. Also, by moving the elections districts are allowed to increase budgets within the district’s tax levy. The state passed legislation allowing this in the hopes of producing higher voter turnout. This isn’t a new idea. Other states hold school elections along with the general elections and states like New York have talked about moving the election date for decades. So why would it matter to change the date?

In the past, estimates for school board election turnout ranged from 25% to under 15% of registered voters in the state. In 2010, 55.6% of New Jersey citizens were registered to vote; New Jersey had a total population of approximately 8.8 million people, meaning between 0.6 and 1.2 million people in Jersey care about school board elections enough to vote. The problem may be in putting the levers to vote in front of the 36.2% of New Jersey that goes to vote in the general election (or 3.2 million people). As long as the current school board voters are a more homogenous group then the total electorate, the outcomes and interests of school board elections will face pressure to shift.

Part of the incentive for districts to move their elections to Nov 6th is that by doing so they may increase their budget within the tax levy (~%2) without needing a vote on the budget. This was a good move by legislators. Without this provision, few districts would pass their budgets once the new voting body shows up on the 6th[P1] . The new school board election date is going to see a voting body closer to that of the state average in all demographics. If the old voting group had higher than average numbers of parents and grandparents in it, who may have been willing to increase school budgets, then the new voting group will, theoretically, be broader and less inclined to vote for increased taxes and school budgets.

By allowing the board to increase the budget for the coming year without a vote there is now a larger incentive for tax conscious voters to take an active role in school boards. When this is combined with a larger, less education-oriented voting group, the chance that voters will deny budget increases is higher.

This is bad for the schools but it is also bad from an electoral standpoint. America doesn’t have compulsory voting so that people that don’t want to vote or don’t care about electoral outcomes are free to abstain. A simple calculation using rational voter theory shows us that the voters who already turn out to school board elections benefit more. Those that will vote out of convenience only do so because their cost to voting, or their minimum required level of interest, is reduced.

This year’s elections won’t result in a large-scale change to school boards. Undoubtedly, some veteran board members will lose their seats to new faces that campaign to the full electorate better. And in the first year, budgets are going to increase as they have in the past. Keep in mind that the board from the year before writes the budget for the coming year. It is in the next few years that the change will be most evident. The broadening of the voting body and shifting of those voter’s goals means that candidates for school boards will change as well.

Because elections are an iterated game, as the voters and the candidates get a better feel for the new playing field the best campaigners will move away from the interests of schools and parents. Instead, their primary interest will be on the taxes that fund schools. If this newer group in the electorate realizes the power they have, then it is unlikely that veteran board members will get re-elected unless they move from their pro-education focus.

For districts that did choose to move elections to Nov 6th, they are ineligible to move the elections back into April for four years. This is a good length of a test period for an electoral change. The worry is that by the end of four years the board members will have been elected by the general voting body of New Jersey and not the original smaller body who had a motivating interest in the elections in the first place. Meaning that, like in all other elections, the man who won by the rules in place will be hesitant to change them.

David Noll is a first-year student at William & Mary Law School and a Staff Writer for the State of Elections blog.

permalink: http://stateofelections.pages.wm.edu/2012/10/30/4590/

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Hotspots: Key Post-Election Disputes in the States

Election Law Society · November 26, 2010 ·

Keep checking back here for links to the latest state midterm election results and recount coverage

LINKS BY STATE:

Alaska, Arizona, California, Colorado, Connecticut, Illinois (Gubernatorial, House), Kentucky, Minnesota, Missouri,New York, North Carolina, Oregon, Texas, Virginia, Washington

SENATE

Alaska

Joe Miller, the Republican candidate for Senate in Alaska, will probably require a hand recount of the write-in votes before he will concede the race.

Wednesday night, Democrat Scott McAdams conceded the race after only getting 23% of the vote.

Murkowski and Miller are preparing for the next round of ballot counting that will begin next week. Murkowski has set up a separate campaign account to support campaign efforts in the counting process.

Joe Miller is questioning the fairness of the process and has filed a lawsuit in federal court to prevent misspelled ballots being counted for Senator Lisa Murkowski.

The Associated Press reports that a federal court judge has denied Republican Joe Miller’s request for an injunction to stop the counting of incorrectly spelled write-in ballots.

Live coverage of the counting is being streamed online.

The Court has rejected Miller’s request to stop the recount.  The count now shows Murkowski with 98% of the initial write-in vote.

Joe Miller’s prospects for victory are getting slimmer, and the lawyers are starting to leave Alaska.

Alaska election officials have completed the fifth day of counting write-in ballots.  Senator Lisa Murkowski has retained 89% of write-in votes

With almost all votes counted, Senator Lisa Murkowski currently has an edge of over 2,000 votes over Republican Joe Miller.  Murkowski’s total does not include the over 10,000 challenged ballots.

As counting ends, Murkowski is heading back home and is expected to declare victory soon.  8,135 ballots have been challenged, but even if all of those ballots were thrown out by the Court, Murkowski would still be ahead by more than 2,000 votes.

With all but 700 write-in votes counted, Senator Lisa Murkowski has declared victory over Republican candidate Joe Miller.  The AP called the race for Murkowski Wednesday evening.

Joe Miller is asking a federal judge to stop election officials from certifying results declaring Murkowski the winner.  Murkowski leads by about 10,400 votes; Miller has challenged 8,153 of the ballots counted for Murkowski.

A federal judge has granted Joe Miller (R) a temporary injunction preventing election officials from naming Senator Lisa Murkowski the winner.  Miller filed his complaint on the grounds that the counting of misspelled ballots for Murkowski violates state law.  Miller will now bring the issue to state court.

Attorneys for the state of Alaska have asked a judge to decide the case over contested absentee ballots by next week.  The case will be heard Wednesday in state court in Juneau.  Senator Lisa Murkowski is seeking to intervene in the suit.  Her attorneys have said her seniority will be in jeopardy if she is not sworn in when the new Congress meets in January. [Read more…] about Hotspots: Key Post-Election Disputes in the States

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